The legacy of a family truck repair business that has operated in Mamaroneck for more than 60 years is in question as one brother sues another to force dissolution of the corporation and split the proceeds.
Anthony Staropoli sued Nicholas Staropoli and Staropoli Brothers Inc. on March 16 in Westchester Supreme Court.
Nicholas is trying to “steal the customers of the business,” Anthony alleges, and take them to a new business run by his son.
Staropoli Brothers Inc., 313 Northrup Ave., Mamaroneck, was formed by Nicholas Staropoli Sr. in 1965. He died on Feb. 21, at age 92, according to an obituary.
In the mid-1980s, his sons, Anthony and Nicholas Jr., began running the business and working side-by-side as mechanics.
A year ago, Anthony became disabled and was no longer able to work, the complaint states. He needed money to survive, so he proposed that his brother buy his half of the corporation.
“I assumed that the negotiation might be difficult,” Anthony states in an affidavit, “but I never expected him to act the way he has.”
Anthony claims that Nicholas offered less than half of what he believes his shares are worth. So he hired Armonk accountant Edward D. Heben to determine the fair market value.
Heben calculated that Staropoli Brothers Inc. was worth $556,000 to $562,000, as of a year ago, putting the value of Anthony’s shares at  $278,000 to $281,000.
Instead of negotiating or making a counter-offer, Anthony claims, Nicholas announced that he was going to retire, the business had ceased operating and the corporation was being dissolved.
“One must ask,” Anthony’s attorney Steven D. Feinstein states in an affirmation, “Why would a 50% shareholder and officer of the corporation not even attempt to sell the business assets as an ongoing enterprise?”
The answer, Feinstein says, is that Nicholas doesn’t need to buy his brother’s half. His son, Nick, is an experienced mechanic who worked for the business for years. Nicholas can shut down the business and take the customers to a new business run by Nick.
The theory is bolstered by an individual who played golf with Nicholas on March 15. He affirmed, according to a court record, that Nicholas told him that he was retiring from the family business and was going to work three days a week for his son, Nick.
The lawsuit does not identify a business operated by Nicholas’ son. But a state business registration record filed on Feb. 18 lists Staropoli Truck Repair LLC at 642 Fayette Ave., Mamaroneck (about one-third of a mile away from Staropoli Brothers Inc.) The public record does not identify a corporate officer or registered agent.
Anthony is accusing his brother of breach of fiduciary duty and corporate waste. He is demanding $278,000 and asking the court to appoint a receiver to dissolve the corporation and sell the assets.
Attempts to find contact information for Nicholas, to ask for his side of the story, were unsuccessful.
